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(영문) 서울행정법원 2020.02.13 2018구합83994

건설기술자 업무정지처분 취소 청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is serving in the Seoul Metropolitan Government Urban Railroad Corporation (hereinafter “Seoul Urban Railroad Corporation”) from May 1, 1995 to February 11, 2016.

A retired person is a construction engineer who has qualifications for construction works prescribed in the relevant statutes.

B. On September 2017, the Government Government Government Government Government Government Policy Coordination Coordination Monitoring Group requested the Plaintiff to verify the career experience of the Seoul Transport Corporation (Seoul Matro and Seoul Urban Railroad Corporation was established after its merger on May 31, 2017) while carrying out the Government’s joint control over the falsity of career reported by construction engineers retired from public institutions and administrative agencies (hereinafter “instant control”).

The Seoul Transport Corporation (attached Form 1) reported 12 reports experience (hereinafter referred to as “the experience of this case”) as shown in the list with respect to the plaintiff (attached Form 1) and 12 reports experience (hereinafter referred to as “the experience of this case”) are as follows: If a report is filed during a period in which the performance of duties, such as cancellation of positions, dispatch, temporary retirement, etc. is not possible: If a report is filed with respect to the performance of another agency (department) - If a report is filed with respect to the performance of the relevant project: If a person participated in the relevant project but has not reflected the personnel movement between departments, he/she reported the degree of responsibility for the case in which he/she participated in the relevant project in higher class as construction supervision or service supervision: Where there is any other reason other than the above type: B type 10 cases and C type 2 cases) and requested the Association to delete it, and the Association requested the defendant to take administrative measures in accordance with the relevant statutes

C. On October 25, 2018, the Defendant reported the instant work experience to the Plaintiff on August 30, 201, July 31, 2015, and February 11, 2016, on the ground that the Plaintiff falsely reported the work experience of this case, Article 6-4(1)1 of the former Construction Technology Management Act (amended by Act No. 11794, May 22, 2013 and enforced on May 23, 2014).